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#Post#: 24903--------------------------------------------------
Swindon (Clifton Street) PCN, code 12: Parked in residents
parking zone without permit
DIR By: mooney11
Date: June 4, 2024, 5:04 am
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Hello,
Yesterday I returned to my car to find a ticket on the window. I
was parked in total for approximately 25 minutes in a residents
bay in order to load my car but was observed for 5 minutes
(14.44 - 14.49) and received a PCN as a result.
Details:
I run a small business that distributes leaflets and magazines
to homes in Swindon. I'd received a call from one of my
deliverers, Nick, that he had injured his knee and was unable to
finish his delivery round so I had arranged to pop over to his
house on Clifton Street around 2.30pm-ish to collect any
magazines etc that they still had left to deliver so that they
could be given to someone else to finish.
If I'm lucky I can often get a parking spot right outside his
house, meaning I can leave the boot/doors open and I'm in and
out in a jiffy. On this occasion however I could not park
outside his house so had to park further up, on the opposite
side of the street. For context, I had to collect a load of
magazines - around 1,000 in total, plus accompanying leaflets.
The magazines are quite heavy and are bundled into 50's when
they arrive to my unit each month, and I'll usually carry no
more than 4-5 bundles in one go. Leaflets and other materials I
spend time pre-bundling myself and putting in cardboard boxes.
Most deliverers collect their rounds from my unit, however those
who do not drive will require a drop off and most deliverers
will de-bundle and prep their materials and delivery bags at
home.
I did about three runs to the car initially with the magazines
that were still bundled into 50's which only took a couple of
minutes, before returning to Nick's house to deal with the rest.
As my car was out of sight of Nick's front door being parked
further up the road, and I knew I'd be in his house dealing with
the other materials for a good few minutes, I had closed the
boot. The other materials had been broken down and organised by
Nick for delivery, meaning all the leaflets and magazines were
collated and no longer in their original bundles so it took a
few minutes to sort through them, organise them and put them
into cardboard boxes so that I could get them back to the car.
We had a very brief chat to go over which streets still needed
to be delivered to etc and that was that. I wasn't watching the
clock but I imagine dealing with this took around 15 minutes or
so. Once the last of the materials had been organised I did a
couple more trips to the car, got in, checked my phone for a
minute or so and then set off. I got about a few metres up the
road before noticing there was a ticket on my windscreen. I
pulled over, grabbed the ticket, read it and then checked the
time on my dash and it was 2.59pm.
This is actually the second time this exact scenario has
happened to me (the first being when moving house, I'd left the
rental van unattended and close for a just a few minutes whilst
in the middle of loading only to return to a ticket). I did not
contest that first one as it seemed more hassle than the £35 was
worth but if I can contest this one I'd welcome your help.
Thanks
#Post#: 24905--------------------------------------------------
Re: Swindon (Clifton Street) PCN, code 12: Parked in residents
parking zone without permit
DIR By: mooney11
Date: June 4, 2024, 5:14 am
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PCN attached
[attachment deleted by admin]
#Post#: 24907--------------------------------------------------
Re: Swindon (Clifton Street) PCN, code 12: Parked in residents
parking zone without permit
DIR By: H C Andersen
Date: June 4, 2024, 5:25 am
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The rear of the PCN pl.
A GSV would help.
Is it a 'resident's etc.' or a 'permit' bay?
#Post#: 24909--------------------------------------------------
Re: Swindon (Clifton Street) PCN, code 12: Parked in residents
parking zone without permit
DIR By: mooney11
Date: June 4, 2024, 6:05 am
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Rear of PCN (thought I'd attached already!) attached and GSV:
HTML https://maps.app.goo.gl/9QQyeW9R41acefFB8
[attachment deleted by admin]
#Post#: 24911--------------------------------------------------
Re: Swindon (Clifton Street) PCN, code 12: Parked in residents
parking zone without permit
DIR By: fraser.mitchell
Date: June 4, 2024, 6:22 am
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HTML https://tro.trafficpenaltytribunal.gov.uk/TRO/Swindon/2021-Consolidation-Order-Sealed-together-with-attachments.pdf
Assuming there is a loading exemption, you should submit reps on
that basis, also listing the goods being loaded, with bulk and
weight.
I assume you've loaded here before without a problem. There must
be a loading exemption or else nobody would be able to make
deliveries, or collect goods.
#Post#: 24915--------------------------------------------------
Re: Swindon (Clifton Street) PCN, code 12: Parked in residents
parking zone without permit
DIR By: H C Andersen
Date: June 4, 2024, 7:01 am
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OP, thanks.
As regards the sequence of events, the CEO issued the PCN
because it was parked without displaying a valid permit and an
exempt activity was not observed.
The CEO is not saying that such an activity was not taking
place, simply none was seen in the observation period.
Therefore, as Article 10(9) exempts 'active' loading your reps
need to address this requirement.
On a personal note, I dislike the use of contravention 12 for
what appears to be a simple permit bay. Note that there is no
such defined item as a 'resident's permit', only 'permits', and
as the bay doesn't appear to be shared use IMO use of
contravention 12 is wrong and misleading e.g. a 'permit' is
defined as 'any ..permit' issued by the council. These include
'family carers' and 'contractors' and probably doctors and a few
others other than resident's. So how would the driver of a
vehicle whose owner holds of one of these know how to respond to
a claim that they did not display a resident's permit!
#Post#: 25344--------------------------------------------------
Re: Swindon (Clifton Street) PCN, code 12: Parked in residents
parking zone without permit
DIR By: ivanleo
Date: June 8, 2024, 6:41 pm
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[member=543]mooney11[/member] this should be a simple
representation based on the fact that you were loading. You will
need some supporting evidence, can you show some evidence about
the existence of your business (such as a website, brochure or
whatever else), a record of the delivery round (presumably Nick
is given a route), and screenshots of any texts or whatsapp
messages from Nick informing you of his predicament?
We always recommend posting a draft on here in the first
instance.
#Post#: 25389--------------------------------------------------
Re: Swindon (Clifton Street) PCN, code 12: Parked in residents
parking zone without permit
DIR By: mooney11
Date: June 9, 2024, 10:50 am
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Thanks all for your responses.
--- Quote ---
> [member=543]mooney11[/member] this should be a simple
representation based on the fact that you were loading. You will
need some supporting evidence, can you show some evidence about
the existence of your business (such as a website, brochure or
whatever else), a record of the delivery round (presumably Nick
is given a route), and screenshots of any texts or whatsapp
messages from Nick informing you of his predicament?
--- End Quote ---
I can easily evidence the existence of the business, and you're
correct that a route map which includes the materials to be
delivered, the date of issue and the deliverer's (in this case
Nick) full name, address and contact number. I also have a voice
message from him that same morning that I should be able to
download from my phone - it's vague, says he has bad news and
can I call him back - and I have a text message from today
checking in on him asking how his knee is (not good at all!). I
would also be able to weigh the materials as per a previous
posters' suggestion and have been picking up and dropping off to
Nick for almost 10 years without issue.
#Post#: 25756--------------------------------------------------
Re: Swindon (Clifton Street) PCN, code 12: Parked in residents
parking zone without permit
DIR By: ivanleo
Date: June 12, 2024, 5:29 pm
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[member=543]mooney11[/member] as I said, it's a good idea to
post a draft of your representation on here in the first
instance.
Also please give us the number plate so we can do some basic
checks.
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